. 

THE ATTORNEY GENERAL 

OFTEXAS 

B-66 

1947 

Hon. Stirling T. Phelps Opinion Wo. V-66 

County Attorney 

Webb C,ount yBe: Construction of Article 

Lmdo, Texas 827b, Sections 1, 2, 

and 5, Vernon’ a Annotated Penal Code of 

Texas 

Dear Mr, Phelps: 

This is in reply to your letter of January 22, 

1947, supplemented by your latter of January 30, 1947, 

requesting the opinion of this Department on the construction of Article 027b, Sections 1, 2, and 5, V.A,P,C, 

ters 

We summarize the facts stated in your two letas follows: 

“In Laredo, Texas, there are a number of 

companies and persons engaged in the trensportation of commodities for compensation or hire 

between Laredo, Texas, on the one hand, and 

Wuevo Laredo, Mexico, and interior points of 

Mexico ) on the other hand, and vice versa. 

Reciprocity with respect to registration of 

motor vehicles, trailers and semi-trailers that 

are operated for hire does not in fact exist 

between Texas and the Republic of Mexico, In 

some instances, residents of Laredo, Texas, 

that are engaged in this motor transportation 

business, in an effort to escape penalties inposed by Yexioan authorfties on Texas motor 

vehicles operating into and out of Mexico for 

hire, use trailers and semi-trailers belonging 

to nonresident Mexicans. These trailers and 

semi-trailers in most instances have no Mexico 

registration plates of any kind or characterr 

‘The County Attorney of Webb Couaty is of 

the opinion that under Artiole.BZ?b, Secticne 1, 

2, and 5, V. A. P. C., none of the trailers and 

semi-trailers above described oan be operated 

In Texas for compensation l r hire unless registered in accordance with Texas Law regulating 
Hon. Stirling T. Phelps, Page 2, V-66 

the registration of Texas owned trailers and 

semi-trailers operated for compensation and 

hire; and that a nonresident temporary registration certificate provided for in Article 

S27b, V. A. P. C., does not apply to motor 

vehicles, trailers and semi-trailers used for 

compensation or hire." 

We 'have consulted the Mexican Consulate~in Austin, Texas, .and we are advised that reciprecity does not 

exist between the Republic of Mexico and Texas in regard 

to the registration of motor vehicles, trailers and semitrailers operated for compensation or hire, and that the 

Laws of Mexico do not authorize a motor vehicle, trailer 

or semi-trailer,,that is being operated for hire to make 

any trips inte the'Bepublio:of Yexico without being prop- 

~erly'registered under the Laws of Mexico, even though '. 

thevehicle is properly registered in the State or Country of the owner of the pa,rticular vehicle, Based upon 

the factsstated in your letter, as we,11 as-the represemtations msde to us by the Mexican Consulate, we assume 

as a fact that reciprocity does not exist between Mexico 

and Texas with regard to the registration of vehicles 

. aperated for hire. : 

On the facts stated in your two letters, and as 

sunvnarized above, you ask our opin$ea ,BS to: 

.~ (1) What constitutes a violation of Article., 

S27b, Section 2, V. A. P. C. under the facts stated? 

# 

(2)’ Does Article S27b, Section 5, V. A. P. C,, 

apply to others than a nonresidents? 

Article S27b, Section l,.V. A. P. C,, Iefines 

'a nvehiolen, "motor vehicleWp WtrailerW and Rsemi-tn~lr~‘~~ 

as follows:~~ 

+%ehicle' means every device is; or’by I^. 

which any person or property is or my be tratis: ,'.:-~' 

,pwted or drawl upon a publio highway, exoept devices moved only by human power or used exolusively upon stationary rails or traOk13.~ . 

e%otor VehicleD means every vehicle as . 

herein defined which is self-propelled.m 

n*Tnilerl means every vehiole without motive 

pglrer d- or used for carrying property or 

. 

.,r, .~’ , 
Han, Stirling T. Phelps, Page 39 V-66 

passengers wholly on its _ - . ~ own structure and to _ - 

oe arawn ay a motor venrcLa,w 

RISeni-trailer' means every vehicle of the 

trailer type so designed or used in conjunction, 

with a motor vehicle that some pnrts of its own 

weight and.that of its own lead rests upon or is 

carried by a motor vehicle." 

Article 827b, Section 2, V. A. P. C., reads in 

part as r0ii0wg: 

*A nonresident owner or a motor vehicle. 

trailer or semi-trailer which has been duly regis- 

‘inn such vehicle as othsMf&s reaufred br law. 

apply te the State Highway D,epar&ent through-a 

County Tax Collector far the registration thereBndar the above quoted portion of the Act in 

order,for a person to be entitled to registration of a 

motor vehicle, trailer or semi-traflar as ,a nonresfdent 

nnd thereby secure a temporary registration eertiifcats, 

he must be (1) a nonresident of the state; (2) the vehicle in questfon must have been duly registered ror the 

current year in the State Or aountry of whfch he Is a 

resident; (3) the registration muat kave been in accordante with the laws of the State er country of which he 

is a~resident; and ($) the vehicle in questfon must not 

be operated for Qomoegsatien ef hire,*fthfn this Statp, 

A portion of the question presented, in so far 

as it relates to a twok (whioh under the defiaiti&n givea 

in the Aot ia 8 Rotor vehiale), has been heretorore answOred by this Department in Opinion Iie. 09, dated January 10, 1939, rroin which we quote: 

"Article 827b, Section 2, of the Penal Code 

provides that motor vehfoles registered under 

the laws or another etate, and being operated 

for-compensatfon and hire, will be permitted to 
Hono Stirling T. Phelps, Page 4, V-66 

come into Texas two trips per month, and not to 

stay fn excess of four days on any one trip, 

providing truck operators from Texas operating 

for compensation and hire are granted the same 

Privileges under the laws of the other state. 

The State or Oklahoma doss not grant thfs privprivileges 

The Act above quoted states “except that the 

granteb d . 0 shall not apply to any motor 

vehicle, trailer, or s-f-trailer operated within thie 

state for the traa%portation %f person% or ptiperty for 

oempensat$om or hire! s and we are therefore of the epinion that inarmuch as,the trailers and sahf-trailers de- 

%cribed bg ye@ are bei 

“f 

opera)od id this state for compensation and hfe%$ it 8 being done ia violatl%n bf-law, 

and they rhbuld d%t be permitted to operate Pn the State 

or Texas. ritheut being properly registered under thr laws 

or this *me0 

Ybu are further advised that in view of the 

fact that the trailers and semi-trailers are being operated for Ml?%, sue* prohfbits the owntr from obtaining a 

*non-reside& regfR,tration certificate7 as provided for 

Qr the Act 0 

Irb exprbse na opfnfbn (I,% to whether or not 

%trril%~,w and W%emi-tra~lersw are inaluded in the socafled nr%oiprocity olause v of’ t:he Aot 9 because under 

the fact8 stated, reciprocity does. not in fact exist, 

in your second questfod you ask whether or not 

Sectian 5 of Article 827b, supra, applies to others th%n 

nonresid en&s 0 

Artiofb 827b, Sectian 5, V. A. P, C,, provfdeo 

in pa* a% folMws8 

*No non-resident owner of a motor vehicle, 

- trailer or ssmf-trailer shall operate any such 

‘. 

vehicle or cause or permit it to be operated 

v. upon the public highways of this State, either 
Han, Stirling T. Phelps, Page 5, V-66 

before or while it is registered under this 

Section, unless there shall at all times be dis* 

plaved thereon the registration number plates 

assigned to said vehicle for the current 

csleendar year by the country or state of 

which suoh owner fs a resident, nor unless 

the certificate of temporary registration, 

when issued as fn this section provided 

shall. be placed on said motor vehicle fn the 

manner to be specified by the Department. 

Provided the Department shall not adopt any 

patented centafnero holder or device for the ‘. 

certfffcate of temporary registration nor 

shall any visitor be required by said Department to purchase or bare said container, 

hoider or device for aafd certfffcatr G 0 o* 

There being no court decisions relative to the 

Article in question, it fs necessary that we review and 

study the various legislative enactments relating thereto 

in order to sscertafn the legislative intent. The Aot 

(Article S27b) s of whfoh Seotfon 5 is a part, was originally enaoted and embraced fn Senate Bill No, 95, Fontyfirst Legislature, 1930, Fourth Called Session. Thr 

caption ,ta this bill reeds as follows: 

“An Act providing for the temporary regis- 

,tration or visiting privileges in this State 

of vehicles owned by citizens of another state 

or country and duly registered under the laws 

of said state or country for the current year; 

prescribing restrictions under whfch vehicles 

may be operated; prescrfbfng penalties for any 

violation hereof; repealing all laws and parts 

of Laws in conflict herewith; and declaring an 

emergent y 0n 

Senate Pill No. 95 was repealed fn its entirety 

by House Bill No, 83, Forty-first Legislature, 1930, 

Fifth Called Session, and House Bill No. 83 gave usI with 

the exception of Saotfon 2, Article 827b in its present 

form0 The caption of Bouse Bill No, 83 reads in part 

as follows: 

“An Act providing for the temporary regis- 

--,- tratfon of visitfng privileges ‘f n this State, 

of vehicles owned citizens of another state 

EZJ ;zf”a”tr+ and duliYregistered under the laws 

s ate or oountry fo&qthe current year 

e 
Han, Stirling T. Phelps, Page 6, V-66 

0 presoribing restrictions under which said 

vehicles may be operated; providing certain exceptions and exemptions e O en (Emphasis ours) 

Section 8 of House Bill No, 83 recited, among 

other things, the “fact that the law now on’the Statute 

books of this State regulating the operation of motor 

vehicles owned by non-residents is burdenaoma and D * a” 

mphasis ours 1 

It is obvious that Article 827b, V, A. P. C*, 

is a statute designed for, and for the purpose of, regulating vehicles of nonresident owners temporarily in 

this state. It was designed to grant nonresident owners 

certain privileges with reference to the operations of 

their vehicles while temporarily within this state, and 

the Legislature in enacting the law’obviously did not 

want to extend any privilege to a nonresident owner that 

a resident citizen of this state did not enjoy0 

Article 807b, Section 6, 0. A.~ P. Cb, requires 

any person who operates a road tractor, motorcycle, trailer or semi-trailer upon the public highways of this state 

to have attached thereto and displayed on the resr thereof a lioense plate duly and lawfully assigned therefor 

for the current year@ It has been many times declared 

by the courts, and observed by writers on the subject of 

“Motor Vehicles”, that the main purpose of a license plate, 

other than taxation, is for the purpose of identification, 

5 Am. Jur, ) Sections 91, 111 s pages 567, 573. In enaotinrSe=on 5 of Article 827b, supra, the Legislature 

brought forward this requirement with reference to nonresident owners of vehioles who scoured temporary regfse 

tration oertificates, and provided for penalties for disobedience thereof e 

From what has been aaid above, we are of the 

o inion, and you are so advised, that Section 5 of Artio a e 827b, V. A. P. C;, was designed for, and applies to 

nonresident owners of vehicles, and it was not designed 

to apply to others than nonresident ownerao 

SUMMAHY 

. 

(1) Trailers and semi-trailers as defined 

in Article 827b, Section 1, V. A, P. C., that 

are owned by nonresidents and used in transportation for compensation or hire over the 

)ublio highways of Texas cannot obtain a “ternporary registration certificate” as provided 
Honp Stirling T. Phelps, Page 7, V-66 

Par in Article 827b, sup-rap but in order for 

their operation to be lawful, such trailers 

and semi-trailers must be registered in accordance with Texas Laws regarding the registration of oommercial vehicles* 

(2) Article 827b, Section 5, VJ Ai P. Co, 

was designed for, and applies to nonresident 

owners of vehicles, and not to others. ".I,: . 

., 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

BY -mCharles D, Mathews 

Assistant 

APPROVED FEB. 0, 1947 

z?.e- (aiiifa 

ATTORNEY GENERAL 

CDM:jt:jrb 

Approved Opinion Committee 

By BWB, Chairman